Carnaby v R [2022] NSWCCA 250

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carnaby v R [2022] NSWCCA 250 Hearing dates: 9 November 2022 Date of orders: 2 December 2022 Decision date: 02 December 2022 Before: Button J at [1] Fagan J at [2] R A Hulme AJ at [3] Decision: (1) Time for filing notice of application for leave to appeal against sentence extended to 5 July 2022. (2) Leave to appeal against sentence granted. (3) Appeal dismissed. Catchwords: CRIME – appeal – sentencing – dishonestly obtain credit of $2.56 million by deception – recruiting persons to assist in criminal activity – fraud in the course of acquiring luxury motor vehicles – substantial sum lost by credit providers – wide-ranging complaints of error as well as assertion sentence manifestly excessive – evidence of events post-sentencing – no merit – no point of principle Legislation Cited: Crimes Act 1900 (NSW), ss 192E(1)(b) and 351A(1) Crimes Amendment (Fraud, Identity and Forgery Offences) Act 2009 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 5(1), 21A(3), 22A , 44 and 44(2B) Cases Cited: Betts v The Queen (2016) 258 CLR 420; [2016] HCA 25 Cahyadi v R [2007] NSWCCA 1 (2007) 168 A Crim R 4 Carnaby v R [2021] NSWCCA 275 GAR v R [2021] NSWCCA 265 Hili v The Queen; Jones v The Queen [2010] HCA 45; (2010) 242 CLR 520 House v The King (1936) 55 CLR 499 JM v R [2014] NSWCCA 297; (2014) 246 A Crim R 528 Khoury v R [2011] NSWCCA 118 Mulato v R [2006] NSWCCA 282 Nguyen v The Queen (2016) 256 CLR 656; [2016] HCA 17 Obeid v R (2018) 96 NSWLR 155 Osman v R [2020] NSWCCA 78 R v Giam (No 2) [1999] NSWCCA 378; (1999) 109 A Crim R 348 Category: Principal judgment Parties: Raymond Carnaby (Applicant) Crown (Respondent) Representation: Counsel: Self-represented (Applicant) Ms E Wilkins SC (Respondent)